O-1

O-1 non-immigrant visa status is available for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.  This extraordinary ability must have been demonstrated by sustained national or international acclaim and the individual’s achievements must have been recognized in the field through extensive documentation. [INA 101(a)(15)(O)(i)] The employee must be coming temporarily to the United States to continue to work in her or his area of extraordinary ability at UT Health San Antonio to qualify for sponsorship.  Extraordinary ability is defined as a “level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.”

Important characteristics of O-1 visa classification:

  • The O-1 has an initial period of stay up to 3 years with one-year extensions thereafter. There is no maximum cumulative duration.
  • An offer of employment is required and an individual may not self-petition.
  • Individuals subject to the two-year home residence requirement as a result of J-1 status are eligible for O-1 classification (although s/he is ineligible to change from J-1 to O-1 status within the U.S. and must apply for an O-1 visa abroad and re-enter the U.S. in O-1 status.)
  • Employment in O-1 status is limited to the specific employer, but it is possible to have multiple concurrent O-1 petitioners.
  • The O-1 visa does not require the individual to prove residence abroad with no intention of abandoning.

UT Health San Antonio faculty members or senior researchers will be considered for O-1 non-immigrant visa sponsorship on a case-by-case basis at the request of the Department Chair and Dean, and upon final approval by the Director of International Services. Postdoctoral research fellows and clinical residents/fellows are not eligible for O-1 sponsorship by UT Health San Antonio.

After consultation with the hiring unit, OIS will evaluate the strength of an O-1 petition as a whole and determine whether or not the individual can demonstrate that s/he has achieved extraordinary ability in the field with sustained national or international acclaim. The evidence included with the petition must include substantial documentation in at least three of categories. Merely providing three sources of evidence may not alone establish that the individual possesses extraordinary ability.

Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least (3) three of the following:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
  • Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by national or international experts in the field;
  • Published material in professional or major trade publications or other major media about the beneficiary and the beneficiary’s work in the field;
  • Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought;
  • Original scientific, scholarly, or business-related contributions of major significance in the field;
  • Authorship of scholarly articles in professional journals, books, or other major media in the field;
  • Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  • A high salary or other remuneration for services, as evidenced by contracts or other reliable evidence;
  • If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.

In addition, the employee must be able to obtain a written advisory opinion (consultation) from a peer group or individual(s) with expertise in the field.